Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to as failing to comply with 37 C.F.R. 1.84(q) because reference characters exist which neither have an associated lead line or indicate the surface or cross section on which they are placed. Lead lines are required for each reference character except for those which indicate the surface or cross section on which they are placed. Such a reference character must be underlined to make it clear that a lead line has not been left out by mistake. MPEP 608.02 V. See 160 of figure 3.
The drawings are objected to as failing to comply with C.F.R 1.84(t) because drawing sheet numbering must be clear and larger than the numbers used as reference characters to avoid confusion. MPEP 608.02 V.
The drawings are objected to for failing to comply with 37 C.F.R. 1.84 (p)(3) because numbers, letters, and reference characters should not be placed in the drawing so as to interfere with its comprehension. Therefore, they should not cross or mingle with the lines. They should not be placed upon hatched or shaded surfaces. When necessary, such as indicating a surface or cross section, a reference character may be underlined and a blank space may be left in the hatching or shading where the character occurs so that it appears distinct. See MPEP 608.02 V. See at least 148, 292, 296, 322, 304, 320, and 288 of figure 1.
The drawings are objected to because lead lines associated with multiple reference characters do not extend to their disclosed structures. In figure 1 reference character 288 is not directed to bottom surface, 294 is not directed to rounded corner point, and 334 is not directed to length of plug. In figure 2 reference character 200 is not directed to outer hinge protrusions, Dh is not directed to head diameter, and 272 is not directed to inner hinge protrusion. In figure 7 reference character 104 is not directed to upper flipper, 220 is not directed to second aperture, and 196 is not directed to first locking protrusions. In figure 5 reference character 270 is not directed to lower surface hinge joint, 132 is not directed to rim wall, 184 is not directed to hinge ring, 216 is not directed to planar top face, 180 is not directed to upper flipper body, and 188 is not directed to bottom face. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “108” has been used to designate both plug and rounded top edge. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alpin (US D863876).
Claim 9: Alprin discloses a lid assembly for a beverage container, the lid assembly comprising: a lid body including a head and a base that extends downward from the head along a longitudinal axis, the head defining a front end, a rear end, and a diameter therebetween; a transverse axis that intersects the front end and the rear end of the head; a central channel that is formed in the head and extends along the transverse axis between the front end and the rear end; and sidewalls that extend upward on either side of the central channel and define a width of the central channel therebetween (see annotated partial fig. 1 below).
While the figures are not disclosed as being to scale, figure 2 appears to depict wherein the width of the central channel is approximately 27.5% of the diameter of the head, which falls within the claimed range of between about 20% and about 30%, further it would have been an obvious matter of design choice to have made the width of the central channel be between about 20% and about 30% of the diameter of the head, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Examiner notes that no criticality has been established for the ratio of the width of the central channel to the diameter of the head.
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Claim 10: Alpin discloses wherein the lid body further includes an outer rim that extends circumferentially around the head and defines a top-most edge of the lid body (see annotated partial fig. 1 above).
Claim 11: Alpin discloses wherein a slot is formed in the outer rim at the rear end of the head, and wherein the central channel is formed between the outer rim at the front end of the head and the slot (see annotated partial fig. 1 above).
Claim(s) 9-10 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brooks (US 20180194517).
Claim 9: Brooks discloses a lid 30 (lid assembly) for a beverage container, the lid assembly comprising: a lid body including a head and a base that extends downward from the head along a longitudinal axis, the head defining a front end, a rear end, and a diameter therebetween; a transverse axis that intersects the front end and the rear end of the head; a central channel that is formed in the head and extends along the transverse axis between the front end and the rear end; and sidewalls that extend upward on either side of the central channel and define a width of the central channel therebetween (see annotated figs. 5 and 7 below).
While the figures are not disclosed as being to scale, figure 7 appears to depict wherein the width at one location of the central channel is approximately 27% of the diameter of the head, which falls within the claimed range of between about 20% and about 30%, further it would have been an obvious matter of design choice to have made the width of the central channel be between about 20% and about 30% of the diameter of the head, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Examiner notes that no criticality has been established for the ratio of the width of the central channel to the diameter of the head.
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Claim 10: Brooks discloses wherein the lid body further includes an outer rim that extends circumferentially around the head and defines a top-most edge of the lid body (see annotated fig. 5 above).
Claim 12: Brooks discloses wherein the central channel defines a concavely shaped first segment that extends rearwardly from the front end of the head, a linear second segment that extends rearwardly from the first segment, and a planar third segment that extends between the second segment and the rear end of the head (see annotated fig. 5 above).
Claim 13: Brooks discloses wherein a drinking aperture 32 (first aperture) extends longitudinally through the first segment of the central channel (see annotated fig. 5 above).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brooks (US 20180194517) as applied to claim 12 above, and further in view of Spivey (US 20170273484).
Claim 14: Brooks discloses a hinged pivot type stopper 60 located in the central channel and between the sidewalls, wherein the hinged pivot type stopper 60 pivots about an axis that is adjacent to a junction between the second segment and the third segment of the central channel (see annotated fig. 5 above).
Brooks does not disclose wherein hinge recesses hinge recesses are formed in each of the sidewalls adjacent to a junction between the second segment and the third segment of the central channel.
Spivey discloses a multifunction lid 104 having a first cover 612 removably covering a drinking spout opening, wherein the first cover 612 has pivot pins 808 extending outwardly and which are configured to engage mating pivot receivers 810 (hinge recesses) formed in sidewalls of a central channel in which the first cover 612 pivots (see fig. 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the hinged pivot type stopper 60 to have pivot pins 808 matingly engaging in pivot receivers 810 (hinge recesses) formed each of the sidewalls of the central channel at the axis at which the hinged pivot type stopper 60 pivots, and therefore adjacent to the junction between the second segment and the third segment of the central channel, as taught by Brooks, in order to pivotably attach the hinged pivot type stopper 60 in a manner in which it can be replaced upon being damaged.
Claim(s) 1-3 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Germain (US 20020179604) further in view of Dolph (US 20250002234).
Claim 1: Germain discloses a container lid 10 (lid assembly) for a beverage container, the container lid 10 (lid assembly) comprising: a lid body having a central channel formed therein and defining a first opening 14 (first aperture) that extends longitudinally therethrough; a first closure 16 (lower flipper) rotatably coupled to the lid body, the first closure 16 (lower flipper) defining a second opening 18 (second aperture) and a third aperture which extend longitudinally therethrough (see annotated fig. 1 above).
Germain does not disclose the lower flipper defining a third aperture which extends longitudinally therethrough, a plug coupled to the lower flipper and defining a fourth aperture that extends longitudinally therethrough, or a seal disposed within and covering the fourth aperture.
Dolph teaches a container lid 104 having a base 118 with a drinking opening 130, a cover 120 coupled to the base 118 and defining a straw opening 129 (second aperture) and an anchor receiver 148 (third aperture) which extend longitudinally therethrough, a gasket 152 (plug) coupled to the cover 120 and defining a straw opening 162 (fourth aperture) that extends longitudinally therethrough, and a seal having a slit 160 disposed within and covering the straw opening 162 (fourth aperture), wherein the gasket 152 (plug) has an anchor 156 that projects and is received in the anchor receiver 148 (third aperture) (see annotated partial fig. 2A above, fig. 2A, 2B, and 3B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the container lid 10 (lid assembly) such that first closure 16 (lower flipper) had a straw opening 129 (second aperture) and anchor receiver 148 (third aperture) instead of the second opening 18 (second aperture) and to have an anchor 156 of a gasket 152 (plug) received within the anchor receiver 148 (third aperture) and a straw opening 162 (fourth aperture) aligned with the straw opening 129 (second aperture), as taught by Dolph, in order to provide an enhanced seal to the first closure 16 (lower flipper).
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Claim 2: The combination discloses wherein the first opening 14 (first aperture), the straw opening 129 (second aperture), and the straw opening 162 (fourth aperture) are concentrically aligned when the first closure 16 (lower flipper) is rotated to a first position in the central channel (see fig. 3B ‘234 and fig. 6).
Claim 3: The combination discloses wherein the gasket 152 (plug) further includes an anchor 156 (fastening pin) that extends therefrom, and wherein the anchor 156 (fastening pin) is configured to fit into the anchor receiver 148 (third aperture) of the first closure 16 (lower flipper) to couple the gasket 152 (plug) to the first closure 16 (lower flipper) (see fig. 3B ‘234).
Claim 15: Germain discloses a container lid 10 (lid assembly) for a beverage container, the container lid 10 (lid assembly) comprising: a lid body including a first opening 14 (first aperture) that extends longitudinally therethrough; a central channel formed in the lid body; a second closure 20 (upper flipper) rotatably coupled to the lid body within the central channel; a first closure 16 (lower flipper) rotatably coupled to the second closure 20 (upper flipper) within the central channel, the first closure 16 (lower flipper) defining a second opening 18 (second aperture) which extends longitudinally therethrough, wherein the first opening 14 (first aperture) and second opening 18 (second aperture) are axially aligned with the first closure 16 (lower flipper) is rotated to a first position within the central channel (see annotated fig. 1 above and fig. 6).
Germain does not disclose the lower flipper defining a third aperture which extends longitudinally therethrough; a plug coupled to the lower flipper, the plug defining a fourth aperture which extends longitudinally therethrough, or wherein the first aperture, the second aperture, and the fourth aperture are axially aligned when the lower flipper is rotated to a first position in the central channel.
Dolph teaches a container lid 104 having a base 118 with a drinking opening 130, a cover 120 coupled to the base 118 and defining a straw opening 129 (second aperture) and an anchor receiver 148 (third aperture) which extend longitudinally therethrough, a gasket 152 (plug) coupled to the cover 120 and defining a straw opening 162 (fourth aperture) that extends longitudinally therethrough, and a seal having a slit 160 disposed within and covering the straw opening 162 (fourth aperture), wherein the gasket 152 (plug) has an anchor 156 that projects and is received in the anchor receiver 148 (third aperture), and wherein the drinking opening 130, straw opening 129 (second aperture), and straw opening 162 (fourth aperture) are axially aligned when the cover 120 is rotated to a first position (see annotated partial fig. 2A above, fig. 2A, 2B, and 3B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the container lid 10 (lid assembly) such that first closure 16 (lower flipper) had a straw opening 129 (second aperture) and anchor receiver 148 (third aperture) instead of the second opening 18 (second aperture) and to have an anchor 156 of a gasket 152 (plug) received within the anchor receiver 148 (third aperture) and a straw opening 162 (fourth aperture) aligned with the straw opening 129 (second aperture), as taught by Dolph, in order to provide an enhanced seal to the first closure 16 (lower flipper).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Germain (US 20020179604) and Dolph (US 20250002234) as applied to claim 1 above, and further in view of Zettle (US 20030168455).
Claim 6: The combination discloses the claimed invention except wherein the first opening 14 (first aperture) defines an elliptical shape.
Zettle teaches a straw hole 106 and spout 108 defining a circular or elliptical shape (see P. 0030 and fig. 1).
It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the invention to have made the first opening 14 (first aperture) define an circular or elliptical shape, as taught by Zettle, since applicant has not disclosed that the elliptical shape solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with a variety of differently shaped first openings 14 (first apertures).
Examiner notes that applicant has not established any criticality for the elliptical shape.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Germain (US 20020179604) and Dolph (US 20250002234) as applied to claim 15 above, and further in view of Spivey (US 20170273484).
Claim 16: The combination discloses wherein the second closure 20 (upper flipper) and the first closure 16 (lower flipper) are coupled to the lid body along hinge axes formed across the central channel (see fig. 2).
The combination does not disclose wherein the upper flipper and the lower flipper are coupled to the lid body along a hinge axis formed across the central channel.
Spivey discloses a multifunction lid 104 having a first cover 612 removably covering a drinking spout opening and a second cover 614, wherein the first cover 612 has pivot pins 808 extending outwardly and which are configured to engage mating pivot receivers 810 formed in sidewalls of a central channel in which the first cover 612 pivots and wherein the second cover 614 has pivot pins 804 extending outwardly and which are configured to engage mated receivers 806 on the first cover 612, wherein the pivot pins 808, mating pivot receivers 810, pivot pins 804, and mated receivers 806 are aligned along a hinge axis (see fig. 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the container lid 10 (lid assembly) such that the lid body had mating pivot receivers 810 and the second closure 20 (upper flipper) and first closure 16 (lower flipper) had pivot pins 804, mated receivers 806, and pivot pins 808 and were coupled to the lid body along the hinge axis formed across the central channel and between the mating pivot receivers 810, as taught by Spivey, in order to allow the second closure 20 (upper flipper) and first closure 16 (lower flipper) to be replaceable when damaged.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Germain (US 20020179604), Dolph (US 20250002234), and Spivey (US 20170273484) as applied to claim 16 above, and further in view of Kander (US D886514).
Claim 17: The combination discloses wherein sidewalls extend upward on either side of the central channel (see annotated fig. 1 above).
The combination does not disclose wherein each sidewall includes one or more retainers which protrude inwardly therefrom into the central channel.
Kander teaches a lid assembly having a lid body, a central channel formed in the lid body, a flipper rotatably coupled to the lid body within the central channel, sidewalls extending upward on either side of the central channel, wherein each sidewall includes a retainer which protrudes inwardly therefrom into the central channel to lock the flipper in an open position (see annotated fig. 1 below and fig. 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified each sidewall to include a retainer which protrudes inwardly therefrom into the central channel, as taught by Kander, in order to restrain the second closure 20 (upper flipper) in an open position.
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Claim 18: The combination discloses wherein the second closure 20 (upper flipper) and the first closure 16 (lower flipper) are capable of being rotated about the hinge axis between the first position and a second position (see fig. 4 & 9 and fig. 8 ‘484).
Claim(s) 1, 2, 4, 5, 6, 7, 8, 15, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Germain (US 20020179604) further in view of Zettle (US 20030168455) and Ohse (US 20080116204).
Claim 1: Germain discloses a container lid 10 (lid assembly) for a beverage container, the container lid 10 (lid assembly) comprising: a lid body having a central channel formed therein and defining a first opening 14 (first aperture) that extends longitudinally therethrough; a first closure 16 (lower flipper) rotatably coupled to the lid body, the first closure 16 (lower flipper) defining a second opening 18 (second aperture) and a third aperture which extend longitudinally therethrough (see annotated fig. 1 above).
Germain does not disclose the lower flipper defining a third aperture which extends longitudinally therethrough, a plug coupled to the lower flipper and defining a fourth aperture that extends longitudinally therethrough, or a seal disposed within and covering the fourth aperture.
Zettle discloses a lid 100 having at least one pair of protruding forks 116 and a cover 300 having at least one window 320 (third aperture) and rod-shaped end 318, wherein the rod-shaped end 318 snap into the forks 116 (see P. 0034 and fig. 1 and 2A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the first closure 16 (lower flipper) to have at least one window 320 (third aperture) and rod-shaped end 318 and to have modified the lid body to have forks 116, as taught by Zettle, in order to attach the first closure 16 (lower flipper) in a manner which allows it to be replaceable.
Ohse teaches a container 10 having an opening 12a, first lid portion 14 rotatably coupled and having an opening 14a (second aperture), a first sealing member 22 (plug) coupled to the first lid portion 14 and defining an opening 22a (fourth aperture) that extends longitudinally therethrough, and a closing portion 22d (seal) disposed within and covering the opening 22a (fourth aperture) (see fig. 1, 7, 9, and 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the container lid 10 (lid assembly) such that first closure 16 (lower flipper) had an opening 14a (second aperture) instead of the second opening 18 (second aperture) and to have a first sealing member 22 (plug) received within the second opening 18 (second aperture) and an opening 22a (fourth aperture) aligned with the second opening 18 (second aperture), as taught by Ohse, in order to provide an enhanced seal to the first closure 16 (lower flipper).
Claim 2: The combination discloses wherein the first opening 14 (first aperture), the second opening 18 (second aperture), and the opening 22a (fourth aperture) are concentrically aligned when the first closure 16 (lower flipper) is rotated to a first position in the central channel
Claim 4: The combination discloses wherein the first closure 16 (lower flipper) includes a first alignment flange that extends downwardly therefrom and concentric to the second opening 18 (second aperture) (see annotated partial fig. 11 below).
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Claim 5: The combination discloses wherein a bearing gap is formed in the first sealing member 22 (plug) between a bearing surface and a second alignment flange which extend concentrically around the opening 22a (fourth aperture), and wherein the first alignment flange is configured to be fastened within the bearing gap when the sealing member 22 (plug) is coupled to the first closure 16 (lower flipper) (see annotated partial fig. 11 above).
Claim 6: The combination discloses the claimed invention except wherein the first opening 14 (first aperture) defines an elliptical shape.
Zettle further teaches a straw hole 106 and spout 108 defining a circular or elliptical shape (see P. 0030 and fig. 1).
It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the invention to have made the first opening 14 (first aperture) define an circular or elliptical shape, as taught by Zettle, since applicant has not disclosed that the elliptical shape solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with a variety of differently shaped first openings 14 (first apertures).
Examiner notes that applicant has not established any criticality for the elliptical shape.
Claim 7: The combination discloses wherein an engaging portion 22c (third alignment flange) extends downward from some part of the sealing member 22 (plug) concentrically and corresponds to the first opening 14 (first aperture) and therefore the elliptical shape of the first opening 14 (first aperture), and wherein the engaging portion 22c (third alignment flange) is configured to be seated within the first opening 14 (first aperture) when the sealing member 22 (plug) is rotated to a first position in the central channel (see fig. 9 and 11 ‘204).
Claim 8: The combination discloses wherein the first closure 16 (lower flipper) includes a lower flipper body with a front end and a rear end, and a rod-shaped end 318 (hinge joint) that extends rearwardly from the lower flipper body (see fig. 1 and fig. 2A ‘455).
The combination does not disclose a lower tab that extends upwardly from the front end of the flipper body.
Zettle further teaches that the cover 300 has a L-shaped handle 308 (lower tab) that extends upwardly from a front end to extend over and past an extending lip 110 of the lid 100 (see fig. 2A and 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the first closure 16 (lower flipper) to have a L-shaped handle 308 (lower tab) extending upwardly from the front end of the lower flipper body and over and past the lip adjacent the opening 14 (first aperture), as taught by Zettle, in order to allow a user to more easily grasp and maneuver the first closure 16 (lower flipper).
Claim 15: Germain discloses a container lid 10 (lid assembly) for a beverage container, the container lid 10 (lid assembly) comprising: a lid body including a first opening 14 (first aperture) that extends longitudinally therethrough; a central channel formed in the lid body; a second closure 20 (upper flipper) rotatably coupled to the lid body within the central channel; a first closure 16 (lower flipper) rotatably coupled to the second closure 20 (upper flipper) within the central channel, the first closure 16 (lower flipper) defining a second opening 18 (second aperture) which extends longitudinally therethrough, wherein the first opening 14 (first aperture) and second opening 18 (second aperture) are axially aligned with the first closure 16 (lower flipper) is rotated to a first position within the central channel (see annotated fig. 1 above and fig. 6).
Germain does not disclose the lower flipper defining a third aperture which extends longitudinally therethrough; a plug coupled to the lower flipper, the plug defining a fourth aperture which extends longitudinally therethrough, or wherein the first aperture, the second aperture, and the fourth aperture are axially aligned when the lower flipper is rotated to a first position in the central channel.
Zettle discloses a lid 100 having at least one pair of protruding forks 116 and a cover 300 having at least one window 320 (third aperture) and rod-shaped end 318, wherein the rod-shaped end 318 snap into the forks 116 (see P. 0034 and fig. 1 and 2A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the first closure 16 (lower flipper) to have at least one window 320 (third aperture) and rod-shaped end 318 and to have modified the lid body to have forks 116, as taught by Zettle, in order to attach the first closure 16 (lower flipper) in a manner which allows it to be replaceable.
Ohse teaches a container 10 having an opening 12a, first lid portion 14 rotatably coupled and having an opening 14a (second aperture), a first sealing member 22 (plug) coupled to the first lid portion 14 and defining an opening 22a (fourth aperture) that extends longitudinally therethrough, and a closing portion 22d (seal) disposed within and covering the opening 22a (fourth aperture) (see fig. 1, 7, 9, and 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the container lid 10 (lid assembly) such that first closure 16 (lower flipper) had an opening 14a (second aperture) instead of the second opening 18 (second aperture) and to have a first sealing member 22 (plug) received within the second opening 18 (second aperture) and an opening 22a (fourth aperture) aligned with the second opening 18 (second aperture), as taught by Ohse, in order to provide an enhanced seal to the first closure 16 (lower flipper).
Claim 20: The combination discloses the claimed invention except wherein an alignment ring extends downward from the upper flipper, and wherein the alignment ring extends into the second aperture and contact an inner wall of the second aperture when the upper flipper is rotated to the first position.
Ohse further discloses a second sealing member 24 on an alignment ring extending downward from a second lid portion 16, and wherein the alignment ring extends into the opening 14a (second aperture) and contacts an inner wall of the opening 14a (second aperture) when the second lid portion 16 is rotated to a first position (see annotated partial fig. 11 above).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the second closure 20 (upper flipper) to have a second sealing member 24 on an alignment ring extending downward therefrom to contact an inner wall of the opening 14a (second aperture), as taught by Ohse, in order to seal the opening 14a (second aperture) when in the first position.
Allowable Subject Matter
Claim 19 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20120241454, US 20040118846, US 20130306635, US 4779766, US 4397400, US 4717050, US 8333290, US 5938056, US 6382476 are considered pertinent to closures with upper and lower flippers, US 20230029205 is considered pertinent to straw openings, US 6382476 is considered pertinent to upper and lower flippers sharing a hinge axis.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached on (571)270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALLAN D STEVENS/Primary Examiner, Art Unit 3736
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